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Courts Jurisdiction over creditors court claim


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Hi

 

Amazing place you have here, full of information.

 

I was wondering if I could have a little feedback on a pressing issue I currently have.

 

I received a court claim from screwfix direct ltd for an outstanding balance on a trade account.

A little background info. I applied for a trade account on-line with screwfix direct (trading as Trade UK) in 2010. This application was declined (I have the email stating this).

Now being a small start up business, (sole trader) money was tight and I was finding it difficult in trying to make it a success for my family.

Some time later (it may have been weeks I can’t remember) a Trade UK trade account card is sent to me, wow I thought, this was declined yet they still set up an account for me.

I did use it on several occasions and paid the money back on account. Things got a little slow on the work front and the account was not always cleared when it should have been.

Now a balance if left to pay and I did not pay it. I admit that, things were really tough, buying nappies is sometimes a problem.

They sent me a court claim to retrieve the balance which is fine I guess but I do have a query which requires some, lets say …… technical advice.

 

I do not dispute the account exists but does an agreement with all the prescribed terms as per the consumer credit act exist between us???

Does this creditor have legal basis to apply to the court?

Do the court have jurisdiction over this issue if no agreement with all the prescribed terms exist between us??

 

Any feedback would be really helpful as I feel this will go to a hearing.

 

Many thanks indeed.

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As it was a business account I assume it doesn't attract the protection of the Consumer Credit Act.

 

The creditor is perfectly entitled to apply to the court and the court has jurisdiction over the dispute, whether the Claimant makes out its claim and actually succeeds is a different matter.

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I am a sole trader with the account in my birth name T/A and my understanding is that I am classed as an 'individual'

 

consumer credit agreement: an agreement between an individual (the

“debtor”) and any other person (the “creditor”) by which the creditor provides

the debtor with credit not exceeding £25,000.

 

• individual: includes a partnership or any other unincorporated body of

persons not consisting entirely of bodies corporate.

 

consumer credit business: any business so far as it comprises or relates to the

provision of credit under regulated consumer credit agreements.

 

unless I'm wrong.

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I don't understand why you have not attempted to reach a payment plan against this? trying to evade the debt on a technicality is a tough call and as you say you owe the money. better to reaach a repayment plan than to have a CCJ on your files as a sole trader I would say. IMHO. That would now require mediation and a tomlin order. I think I'd research my options if I were you as you don't dispute the debt.

:lol:

Successfully claimed back mis-sold PPI (Barclays Bank) 2009-10 (£8500)

Ran a paid-for DMP. Deeply respect those who self-manage a DMP; it is possible to do with the help of fellow CAGGERS

Offered F&F to all my creditors. All closed out including a particularly intransigent and stubborn one - who eventually saw sense after 10 months of nonsense!

Does not condone debt avoidance but violently disagrees with the antics of debt collectors and their behavior towards the ones trying to pay. I am a great believer in what goes around, comes around. Keep up the good fight!

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